WRITTEN QUESTION No. 3054/98 by John CUSHNAHAN to the Commission. Manchester United
Date: 1998-10-08
Institutions: CUSHNAHAN, European Parliament
Subjects: competition, competition policy, economic concentration, merger control, sports body

14.5.1999

EN

Official Journal of the European Communities

C 135/161

In this perspective, the guidance values of the Recommendation should be seen as indicative upper limits
and the Member States, in assessing the safety of specific products, should apply the precautionary
approach.

The Commission takes the view that childcare articles and toys intended to be placed in the mouth by
4.
babies under 3 years, in soft PVC containing phthalates, should indeed be prohibited from marketing and
withdrawn from the market where there are indications that they can harm child health, in particular taking
into account the data included in the SCTEE opinion. In the absence of specific Community legislation in
this area it is up to the Member States to assess the risks posed by specific products and decide the
measures to be taken, in the light of the obligation established by Council Directive 92/59/EEC of 29 June
1992 on general product safety (2) under which only safe products may be placed on the market. The
Member States must ensure that any such measures are justified and proportional.

The Commission considers that young children in the Community should not be allowed to be
5.
dangerously exposed to phthalates, taking into account the available scientific knowledge. The Com-
mission intends to propose Community legislation in this area as soon as possible. Pending the entry into
force of such legislation the Commission invites the Member States to check the market for these products
and take the appropriate action at national level. The issue of tests on babies is a separate issue and
involves considerations going beyond the specific products and risks in question.

6.
The measures taken or planned by the Commission have been mentioned above. It should be noted in
addition that the Commission is consulting the SCTEE again in order to obtain an updated opinion in the
light of new studies on the subject which have been published recently. When it has the updated opinion of
the SCTEE, the Commission will consider whether any modifications of its present policy in this area are
necessary.

(1) OJ L 217, 5.8.1998.
(2) OJ L 228, 11.8.1992.

(1999/C 135/199)

WRITTEN QUESTION E-3054/98

by John Cushnahan (PPE) to the Commission

(8 October 1998)

Subject: Manchester United

What action will the Commission take to ensure that the proposed acquisition of Manchester United by
BSkyB does not conflict with EU competition policy?

Answer given by Mr Van Miert on behalf of the Commission

(4 November 1998)

BSkyB’s proposed acquisition of Manchester United Football Club falls outside the scope of Community
merger control legislation (Council Regulation (EEC) 4064/89 of 21 December 1989 on the control of
concentrations between undertakings (1) as amended by Council Regulation (EC) 1310/97 of 30 June
1997 (2)) as it does not constitute a concentration with a Community dimension. In particular, the proposed
acquisition does not meet the turnover threshold tests set out in Article 1 of the Regulation.

In principle, therefore, national competition law and procedures apply to this proposed acquisition, which
will be examined by the British authorities.

(1) OJ L 257, 21.9.1990.
(2) OJ L 180, 9.7.1997.